2023-08-31 13:30:00
Update
August 31, 2023
15:30
You have to introduce a procedure for non-payment of rent and termination of lease? Act ahead of legislation change scheduled for September 1, warns SNPC.
In the Brussels Region, new procedural rules will apply September 1 for the rental disputesmore specifically when a lessor has to introduce a proceedings before the Justice of the Peace for non-payment of rents and charges.
The National Union of Owners and Co-owners (SNPC) warns that this will lengthen procedural delays and aggravate the damage for donors.
In the Brussels Region, new rules of procedure will apply on 1ᵉʳ September for rental disputes.
In a press release, he announces that he will introduce an action for annulment before the Constitutional Court. But since this is likely to take time, he invites the donors concerned to take the lead to avoid the perverse effects of the new legislation.
Act quickly, from the first month
“We are quite surprised, in certain cases that are submitted to our legal department, by the laxity shown by lessors who react late to significant rent arrears. Admittedly, sometimes while waiting for their tenants to respect their commitments and the promises made. But this is no longer appropriate”, warns the SNPC, which gives the following advice:
- From the first month of delay, you must send registered mail with acknowledgment of receipt. required by the legislation in order, if necessary, one month later, to be able to introduce a request for termination of the lease and accessories before the Justice of the Peace. Until this is done, your procedure will not be admissible. Copy of the mail and proof of sending must be attached to the request.
- From the second month of arrears and provided that the registered letter has been sent, you will have to submit your request knowing that the file will only be fixed 40 days later (today between two and three weeks)
“By strictly following these advices, your file should be fixed before the Justice of the Peace when your tenant will have three months of arrears, time generally retained by the Judges to terminate a lease”, details the press release.
From the first month of delay, you must send the registered letter with acknowledgment of receipt so that, if necessary, one month later, you can submit a request for termination of the lease.
“If in the meantime your tenant has regularized his situation and accuses you of having introduced your procedure too quickly, you will have to invoke the new rules of procedure”, we can still read.
According to the SNPC, these new rules have been adopted to allow the CPAS to intervene (which they have already been able to do since 1998) and take all useful measures with a view toavoid termination and eviction or, to find a alternative accommodation. The CPAS is supposed to come and present a report on the situation of the defaulting tenant and propose solutions at the hearing to introduce the file.
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